Opinion
Submitted April 1, 1968
Decided April 17, 1968
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
William B. Markovits for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no appeal lies as of right to the Court of Appeals from a unanimous affirmance of the Appellate Division in the absence of a substantial constitutional question (CPLR 5601, subds. [a], [b]) and upon the further ground that the appeal was not taken within the time required by statute (CPLR 5513, subd. [a]).